HomeMy WebLinkAboutR-84-0275,1-84-170
RESOLUTION NO. "'OldItj
A RESOLUTION AUTHORITING THE CITY ?MANAGER
TO EXECUTE A CONTRACTUAL AGREE:lENT WITH THE
HAITIAN TASK FORCE IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, FOR AN AMOUNT NOT TO EXCEED
$37,750 TO CONTINUE THE IMPLEMENTATION OF A
NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM,
;VITH FUNDS ALLOCATED THEREFOR FROM THE SPECIAL
PROGRAMS AND ACCOUNIS CONTINGENT FUND.
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the promotion of economic revitalization in the
neighborhoods of the City of Miami is an important part of the
City's economic development strategy; and
WHEREAS, the City Commission is desirous of continuing the
neighborhood economic development program and funds are available
in the Special Programs and Accounts Contingent Fund for such a
purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COW41SSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City '-lanager is hereby authorized to exe-
cute a contractual agreement, in substantially the form attached
hereto, with the Haitian Task Force, for an amount not to exceed
$37,750 with funds hereby allocated from the Special Programs
and Accounts Contingent Fund.
PASSED AND ADOPTED THIS 8th day of March, 1984
Maurice A. Ferre
Maurice A. Ferre, Mayor
EST:
i
(RALRE G. ONGIE, CITY CL OK
PREP ED AND APPROVED BY:
ROBERT F. CLARK, DEPUTY CIT ORNEY
APPR VED AS TO FORM AND CORRECTNESS:
CITY COMMISSION
MEFTUNG OF
/SPRe. GARCIA-PEDROSA, CITY ATTOR14EY
b1AR 8 1964
RESOLUIIO-r Rio. 84~275
REMARKS
S
N
CITY OF MIAMI
ECONOMIC DEVELOPMENT CONTRACT
FOR
THE HAITIAN TASK FORCE
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TABLE OF CONTENTS
Article I
Page
1.1 Contract Provisions 1
Article II
2.1 City Authorization 2
2.1 Scope of Services 2
2.3 Compliance With Federal, State and Local Laws 4
2.4 Contract Modification 4
Article III
3.1
Maximum Compensation/Method of Payment 5
3.2
Reimbursement -Timely Submission 5
3.3
Salaries, Fringe Benefits, Job Descriptions 6
3.4
Financial Accountability 6
3.5
Financial Records 7
3.6
Retention of Records 7
3.7
Bonding and Insurance 7
3.8
Subcontracts 8
3.9
Reports, Audits, and Evaluations 8
Article IV
4.1
Project Publicity
9
4.2
Equal Opportunity
10
4.3
Conflict of Interest
10
4.4
Indemnification
10
4.5
Level of Service
11
4.6
Purchasing and Inventory
12
4.7
Disclosure of Funds
13
4.8
Final Expenditure Report
14
4.9
Ownership of Documents
14
4.10
Award of Agreement
14
4.11
Non-Delegability
15
4.12
Construction of Agreement
15
Article V
5.1 Maximum Compensation 15
5.2 Time of Performance 16
5.3 Obligation to Re -new 16
5.4 Recapture of Funds 16
5.5 Generating of Revenues 16
Article VI
6.1 General Assurance & Certifications 16
6.2 Anti -Kickback Provision 18
Article VII
7.1 Termination Clause 18
Article VIII
Signatories
19
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CITE' OF �!IAMI, FLORIDi,�"+
IONO�MIC DEVELOPMENT CONTP.ig".1'
THIS AGREE ENT, entered into by and between the City of
Ptiami, a political subdivision of the State of Florida, hereinafter
referred to as the "City", and The Haitian Task Force hereinafter
referred to as the "Contractor", a corporate body fully organized
and existing and by virtue of the laws of the State of Florida ar,
a non-profit corporation, having its principal office at 110 N.E.
2nd Street for the period beginning March 1, 1984 and ending
_ : )ruary 28, 1985
Funding Sot ce:
General. Fund
• Special Programs And Accounts
In consideration of the covenants and agreemen�s here-
inaAfter set forth, the parties hereto agree:
ARTICLE I
As a -necessary part of this Agreement, the Contractor
agrees to provide the City with the following standard require-
menus.
1.1 CONTRACT PROVISIONS
1. Copy of Contractor's Articles of Incorporation,, Charter
and By-laws.
2. List of Present Principal Governing Board'Officers and
• Members of the Board (naves, addresses and telephone
number) .
3. List of Key Staff Persons, with their titles, who will
_carry out this program.
g. Copy of Contractor's current Fidelity Bond (applicable
for all persons who are authorized to receive and dis-
burse funds under this contract).
5. Completion of Authorized Representative Statement (on
form supplied by the City).
f . Completion of Statement of Accounting Svstem (an form,
supplied by the City).
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7. CF,I letter verifying the Contractor's Accounting System or
current A IL Report (which verifies the Contractor's in-
ternal controls as adequate to safeguard the organization's
assets).
S. Final Expenditures Report (to be submitted 30 days after
contract expires).
9. Work Program and Line -Item Budget (subject to approval by
the Department of Economic Development) . ,
lo. proof of Wor}:man's Compensation insurance.
11. Contractor's Corporate Seal (to be affixed to Signatory
Page) .
12.
Corporate
Personnel Policies and
Procedures_
13.
Corporate.
Resolution authorizing
execution of this Contract.
ARTICLE II
GENERAL OBLIGATIONS
.2.1 CITY AUTHORIZATION
-Tor the purpose of this contract the City of Miammi Depart-
ment of Economic Development will act in behalf of the City
in the fiscal control, programmatic monitoring and modi-
fication of this Contract.
2.2 SCOPE OF SERVICES
The Contractor will provide the following services:
A. The Contractor agrees to carry out the project as pre-
scribed in its Mork Program in a lawful, satisfactory
and proper manner, in accordance with the written policies
and procedures, and requirements as prescribed in this
Agreement, as set forth by the United States Secretary of
Treasury, and the City of Miami Department of Economic
Development, all other state and local laws in accordance
with the requirements described in the Department of
Economic Development's Policies and Procedures Manual for
Community Based organizations which is attached to and
tr;,de p,-Irr of this co :tr-;ct.
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B. Establish an administrative office, composed of at least
an executive director, to accomplish the MBO Work Program
to be developed and incorporated into this Agreement. This
Agreement will not begin until the MBO Work Program and Budget
have been received and approved by the City of Miami's Depart-
ment of Economic Development.
C. Publish a business -oriented newsletter on a quarterly basis.
D. Maintain a business crime prevention program for the businesses
in the designated area.
E. Conduct monthly meetings of the Haitian American Chamber of
Commerce (HACC).
F. Work with city, county and state officials to establish a
job referral program for Haitians seeking employment.
G. Assist in business recruitment, retention and target area
promotion.
H. Conduct a monthly inventory of commercial and office space.
I. Conduct monthly meetings of the corporations' Board of Directors.
J. Identify by name and address businesses to be assisted by
the RTF. The type of management and/or technical assistance
to be provided should be indicated for each business to be
assisted.
K. Provide Loan Packaging Assistance to local businesses. The
HTF should enter into agreement with financial institutions
such as MCDI and Laventhol and Horwath to assist local
business persons in obtaining financial resources. A listing
by business and the amount of the loan to be requested should
be submitted with the MBOs.
L. Implement joint economic development projects with the Haitian
American Chamber of Commerce (HACC). The HACC should provide
a letter to the DED approving the MBOs and budget submitted
by the HTF and also indicating that they agree to serve as the
Merchants Association for the HTF.
M. Implement the concept of the AIA market competition. The
implementation of this project should be indicated by phases,
which should specify what will be done, when, by whom, and
the cost.
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N. Identify large scale capital projects for which additional
funding will be requested from a variety of funding sources.
The funds should be used for cash injection into the identi-
fied projects to enable the HTF to become self-sufficient.
O. Identify both private and public funding to establish a
loco interest Revolving Loan Fund program for businesses
in the Little Haiti business area and establish RLF
guidelines for high risk loans as well as for traditional
loans.
P. Work with city, county and state officials to establish a
job referral program for Haitians seeking employment.
Q. Reduce the paperwork required for the Revitalization Job
Creation Incentive Credit to make credit attractive to
Haitian businesses and to market the program.
R. Implement a promotional campaign to attract customers to
the business district to increase patronage to existing
Haitian businesses.
S. Develop new markets for Haitian entrepreneurs outside
the Little Haiti area.
2.3 COMPLIANCE 01TH FEDER.�L, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordi-
nances and codes of Federal, State, and local governments.
2.4 CONTRACT MODIFICATIOPI •
The City or Contractor may, from time to tire, request
changes .in the Work Program to be performed hereunder_
Such changes?*includ=ng an increase or .decrease in the
amount of Contractor compensation, which are rru.tuall.y
agreed upon by and between the City and the Contractor,
must be incorporated in writing to this Agreement and zrus t
be executed by the City and the Contractor aad are stzbj ec t
to the provisio.-is contained in the Policies and Procedures
Manual for Community Based Organizations.
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ARTICLE III
.I' 1.1-AXIMUM CQ`TE11TaATIo.'TMETifOD OF PrIY: iEi1Z'
Payments to the Contractor will be as follows:
1) An advance of 1/6 of the total amount or $5 , 200 •upon
the complete execution of this Agreement. Requests
for advance payments shall be submitted in writing to
the Department of Economic 10 Development For review and
approval.
2) All other payments, unless otherwise stipulated, shall
be reimbursment for expenditures incurred only in
this contract period, and in compliance with a previ-
ously approved line item. budget. Such reimbursement
requests shall contain a statement declaring and affir-
ming that all disbursements were nade in accordance
with the approved budget. All docurrentation in support
of such request is made and all invoices should have
been paid by the contractor prior to subrai::sion. All
reimbursements must be in line -item fora and be in
accord with the Agreement. All expenditures rust be
verified by original invoice with a copy of the cancelled
check which was used to pay the specific invoice. In
case that an invoice is paid by various funding sources,
a copy of the invoice may be submitted but rust indi-•
cate the exact amount paid by various funding sources
ecivalirg the. total of the invoice. All petty cash
accounts must: be justified with proper documentation.
Requests for budget line -:item changes are allowable with
prior review and approval by the City.
3.2 REII4BURSE.HEN:C -- TIMELY SUBMISSION
Requests for payment shall be made on a monthly basis.
Reimbursement requests shall be submittted on the fourth
1.4th) working day of each month. Reimbursement requests
•----for expenditures incurred during the life of this Contract
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shall not be honored unless received by the City within
thirty -(30,) - days following the expiration date.
3.3 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS
To be eligible for reimbursement for personnel costs, the
Contractor shall submit to the City for approval, in
accordance with Department of Labor guidelines, a detailed
statement of the personnel policies of the Contractor_
These personnel policies will include, but not be linited
to, pay schedules, fringe benefits, resumes for contract
staff, method used to compute vacations and ill time,
working hours, office procedures, paid holidays computa-
tion of wages, job descriptiorr. to include qualifications
for job, an affirmative action p;an, an equal employment
opportunity statement, disciplinary procedures and method,
format for and frequency of employee evaluations. The
personnel policies to be followed under thic Con tract ,;tall
be those used by the Contractor in the ordinary course of
its business, provided, however, such policies coaforrz ; o
to provisions of the Intergovernmental Personnel Act of
1970 (Public Law 91-648 effective January S, 1971)
3.4 FINANCIAL ACCOUNTABILITY
At any time or times prior to final paymant under this con-
tract, the City may have the Contractor's financial records
audited. Each payment heretofore made shall be subje.ct_to
reduction for amounts included in the" related invoice or
voucher which are found by the City.Manager, on the basis
of such audit, not to constitute allowable -cost. Any
payment may be reduced for payments, or increased for u.,der-
payments, on preceding invoices or vouchers or to repay
any amounts.
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3.5 FIN XCIAL RECORDS
The Contractor shall maintain a separate accounting record
of the funds under this Agreement. Accounting records must
reflect that funds provided by the City have been matched
dollar for dollar by the contractor.
3.6 RETENTION OF RECORDS
Contractor agrees to rbtain all financial records,
supporting documents, statistical records, and all other
records pertinent to this contract, for a period of
three (3) years. The retention period starts fron the
date of subT.ission of the final expenditure report.
Records for non -expendable property acquired with
funds under the Contract, shall be retained for a
period of three years after its final disposition.
Said records shall be retained beyond the three yea. -
period if the audit findings have not been resolved.
3. % BONDING AND INSUR.kNCE
During the term of this Agreementthe Contractor shall
maintain insurance and bonding coverages acceptable to
the City. Prior to commencing any activity under this
Agreement., the Contractor shall furnish to the City
certificates of insurance and bonding indicating that the
Contractor is in compliance with the provisions of this
article.
The Contractor shall provide the following coverages:
a) Insurance coverage that reflects sound business
practices acceptable to the City. '
b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in tin
amount equal -to or greater than the maximum amount of
cash held at any one time: $10,000.
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84-2 I &.I
:3.8 SUBCONTRACTS
Contractor agrees to give advance notification, in writing
to the City of any subcontract. None of the work or ser-
vices, including, but not limited to, consultant wort: or
services, covered by this contract shall be subcontracted
without ,prior written approval of the City. Any work or .
services subcontracted hereunder shall be subject to each
provision of this contract. Proper documentation in ac-
cordance with the Department of Econormi.c Development and
City guidelines must be submitted to and approved by the
City prior to the execution of any subcontract.
The City reserves the right to review all bid documents
'both viith the Private Non -Profit Contractor, and other en-
tities, and, to review and audit books and records
related to the bidding process.
The advance notification process shall include the
following:
a) identification of the subcontractor and services to
be provided.
b) The proposed subcontract price together with a complete
and accurate breakdown of that price on a component
by component basis.
c) Identification of the type of subcontract to be used.
d) Suncnary of actions taken to select the subcontractor.
3.9 REPORTS, AUDITS?AND EVALUATIONS
The City shall cooperate with the Contractor in the
conduct of activities delegated under this contract as
treasonably requested and a:: described in the Policies and
Procedures Manual for Community Based Organizations_. The
Contractor agrees to subni to the City such reports as
may be required.
84-,275.
The Contractor also agrees to prepare and retain and pem;t
the City to inspect as it deems necessary for grant •purpo-
ses records that may be relevant to Federal, State or
`-local directives.
Contractor still transmit to the City, in writing, monthly
reports regarding current activity and the progress o.f-the
Contractor's activities in the formatt-presented by the
City.
At the request of the City, Contractor will tranami.t to
the City written statement of contractor's official policy
on specified issues relating to Contractor's aciivvities.
The Contractor further agrees that the City may carry out
monitoring and evaluation activities to include at a min-
imum, visits and observations by the City staff and will
effectively ensure the cooperation of the Contractor's
employees and board members in such efforts. All reports,
audits, and evaluations either submitted to the City an a
monthly basis, or acquired through on -going monitoring and
evaluation will be thoroughly reviewed by the City. I_ny
discrepancies, incomplete or inadequate info=ation eit z_
received on a monthly basis or through monitoring and
evaluation, will give the -City -just and legal cause to
terminate this agreement at any time thereafter.
ARTICLE IV
GENERAL •CONDITIONS
4.1 PROJECT PUBLICITY
• The Contractor must abide by affirmative action regulaticzs
in informing residents of ':he. geographical area to be
served hereunder, of the services to be offered by utili-
zing any available means for advertisement, as necessary
for recruitment and outreach.
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04
All literature, advertising, publicity or promotion re-
garding the Contractor-, activities will be subniz tted to
the City for review and approval prior to the release or
distribution. No press conference will be scheduled with-
out prior written notice to the City.
4.2 EQUAL OPPORTUNITY
The contractor agrees that there will be no discrimination
against any employee or person served on account of race,
• color, sex, religious creed, ancestry, national origin -
or physical handicap in its performance of this contract;
and it is expressly understood that upon the receipt of
evidence of such discrimination, the City shall have the
right to terminate this contract.
4'.3 CONFLICT OF INTERESTS
No official or employee of the Contractor may be admitted
directly or indirectly to any share or part of this con-
tract or to any benefits to arise from the same nor own
or acquire any personal interest in any property, contract-
-or proposed contract which would conflict with or relate
to the; performance, their duties or responsibilities under
this contract. If any such person presently or in the
future acquires, owns or controls any such share, benefit,
or personal interest, he/she shall inlrediately disclo3e
such interest to the.. City and (other appropriate agencies)_
Upon such disclosure, such person shall discontinue his/
her participation if such participation is contrary to* the
public interest. '
The Contractor will comply with all -Federal, State and
local conflict of interest laws and requirements.
4.4 INDEMNIFICATIO'N
The Contractor understands and agrees that it is an in-
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dependent Contractor and agrees to indemnify and save the
City harmless from and against any and all clam s, liabi--
litir:s, losses and causes of action, which may arise out
of the Contractor's activities under this contract,' in-
cluding all other acts or omissions :-o act on the part of
—'the contractor or any of them, including any person acting
for or on his or their behalf and, from and against any
orders, judgments or decrees which may be entered and frcim
and against all costs, attorney's fees, expenses and liabi-
lities incurred in the defense of any such claims, or in
the investigation thereof. In addition, the contractor will.
hold the City harmless and will indemnify the City for funds
which the'1City is obligated to refund the Federal govern-
ment arising out of the conduct of activities and ad.mi ris-
tration of the Contractor. In case suit is instituted in
order to obtain funds from the Contractor for which the
City is obligated to refund from the Federal Government,
the Contractor agrees to pay any additional fee which the
.Court may adjudge reasonable as attorney's fees.
4.5 LEVEL Or SERVICE
It is expected that funds are providedto insure gUali -
service to City residents. Should start-up time for a
program be -required or any delays in service occur, the
Department of Economic Development is to be notified in
writing immediately giving all pertinent details and indi-
cation when service will begin and/or continue. it is
understood and agreed that the level of services, activi
ties and expenditures by the Contractor, in existence
prier to the initiation of :services hereunder, shall be
continued and not be reduced in any way as a result of
this Contract except for reductions unrelated to the pro-
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visions or purposes herein :Mated.
It is further under-
stood and agreed that the program funded through this Con-
tract will not result in the displacement of employed
workers, impair existing contracts for services or result
in the substitution of funds allocated under this Contract
for other .funds in connection with work which would have
been performed even in the absence of this Contract.
4.6 PURCHASING AND INVENTORY
;he Contractor agrees to use its best efforts to obtain
all supplies and equipment for use under this contract at
the lowest practical cost and shall solicit three (3) bids wbiel
shall accompany all requests for payment. Contractor agrees
r
to use the procurement of sources available to it to the
extent applicable to all Federal,. State, and local laws.
All non -expendable property acquired for the program with
City Funds will revert to the City at the end of the City's
funding the program. Non -expendable property being proper-
ties which will not be consumed or lose identity. The Con-
tractor shall be responsible to the City for any damage or
destruction to said property and shall reimburse the Citv
for such damage unless the City or its employees shall have
caused the damage. The Contractor shall establish and
maintain a property control system and shall be responsible
for maintaining a current inventory on all capital items
purchased with City Funds. It should be clearly understood
that all Capital Expenditures over $50.00 must be approved
by the City prior to purchase. It should also be understood
that all items purchased remain the property of the Ci-,y
and should be inventoried as such_ This will include List_
ing on a property record by description, model serial
number, date of acquisition and cost.
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Such property shall
84-2'75
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be inventoried annually, and an inventory report submitted
to the City. The Contractor shall permit designated City
staff access to the prenises where property is hept for the
purpose of performing inventory monitoring functions. The
Contractor shall nvt dispose of real or personal property
purchased with City funds through sale, loan_ or relocation
without the written permission of the City.
The Contractor shall be subject to and comply with the Mino-
rity Set -Aside provision of Section 15-73 of the City Code
entitled -- Minority Procurement Program_
The Contractor, in the procure-ment.of supplies, equipment,
construction or service to implement this project, shall
make a positive effort to utilize small business and mir_or?-
ty owned lousiness sources of supplies and services, and
provide these sources the maximum feasible opportunity to
compete for contracts to be performed pursuant to this
memorandum of Agreement. To the maximum extent feasible,
these small business and minority owned business sources
shall be located in or owned by residents of the Coy.-Lmunity
Development Target Area(s) designated by the City of Miami
in the Community. Development Grant application approved by
the U.S. Department of Housing and Urban Development.
DISCLOSURE OF FUNDS
The Contractor shall disclose all sources (Public and Priva-
te) , and an, ounts of funds reflecting the total budget
r
whether they be reel or in -kind at the comet encement of th^
contract period, as well as any changes in the amount of
funds through program inco^e or other sources received
during the term of agreement, within thirty (30) days of
such change. Examples' of in -kind funds to include free
rent, labor, office equipment, etc.
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84-275.
�+ .8 F1NAL EXPENDITURE. REPORT.
A final budgetary report including addited f inancial state-
vents shall be submitted to the City within_ thirty (30)
days a;:ter the expiration of the contract period. This
report should reflect actual expenditures, by line -items,
versus proposed expenditures submitted at the beginning of
-the Contract year. All persons employed and paid pursuant
to this Contract should be listed by name, title, Social
Security number, date hired or terminated, ethnic back-
ground, and total salary reflecting both City and other
funding sources.
4'.9 OWNERSHIP OF DOCUMENTS
• All writings, diagrams,- tracing, charts, and schedules
developed by Contractor under this Agreement, shall be de-
livered to the City by said Contractor upon completion of
the work and shall become the property of the City, without
restriction or limitation on their use. Contractor agrees
w, f
that all documents, records and reports maintained and ge-
nerated pursuant to this contractual relationship between
the City and Contractor shall be subject to all provisions
of the Public Records Laws, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract document, reports or
any other matter whatsoever which is given by the City to
the Contractor pursuant to this Agreement shall at all titr,�s
remain the property of the City and shall not be used by
the Contractor for any other purposes whatsoever without
the written consent of the City.
4 .10 AWARD OF AGREEMENT
The Contractors warrant that they have not employed or -
retained any company or persons to solicit or secure this_
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Agreement and that they have not offered to pay, paid or
agreed to pay any person or company any fee, corimission,
percentage, brokerage fee, or gifts of any kind contingent
upon or resulting from the award of making this Agreement.
The Contractors are aware of the conflict of interest lads
of the City of Miam (Miami City Code Chapter 2, Article
V) , Dade County, Florida (Dade County Code, Section_ 2--11.1)
and,the Florida Statutes, and agree that they will fully
comply in.all respects with the terms of said laws.
4.11 NON-DELEGABILITY
It is understood and agreed that the obligations undertaken
by the Contractor pursuant to this Agreement shall not be
delegated to any other person or firm unless the City shall
first consent in writing to the performance of such servi-
ces or any part thereof by another person or firm.
4 .12 CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes and
case laws of the State of Florida.
ARTICLE V
COMPENSATION PETIIOD
5.1 b NVEL'IUt•I COMPEO.SATI0�1
The Contractor agrees to accept as full payment for prof-
fessional services rendered in a manner satisfactory to the
City, the actual amount of budgeted, eligible and City
approved expenditures and encumbrances made by the _
Contractor for the purpose of carrying out the services
hereunder during the period of this Agreement. It is
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expressly undQrstood and agreed th� in no event, shall the
total compensation and/of reimbursement to be pair hereunder
exceed the maximum sum of $37,750.00
• 5.2 ' TIME OF PERFORMANCE
This Contract shall become effective upon execution, and
the services of the Contractor are to commence on March 1,
1984 and terminate on February 29, 1985.
5.3 TO RE -NEW
Upon termination of this Agreement, the Contractor agrees
and understands that the City has no obligation to re -nest
this Contract.
5.4 RECAPTURE OF FUNDS .
• The City shall reserve the right to recapture funds when*
the contractor fails to. comply .with the terns of the
agreement or refuses to accept conditions imposed by the
City.
e 5.5 GENERATING OF REVENUES
The Contractor is required to generate funds in the amount
of $12,250 by September 1, 1984 from approved revenue
generating projects. Funds generated by grants (federal,
state and local) will not be considered to be generated
revenues. In the event that a Contractor fails to generate
the above amount by September 1, 1984, this contract will
be terminated and all outstanding unencumbered and unused
monies will be returned to the City.
ARTICLE VI
GMIERAL ASSURANCE AND CERTIFICATIONS
5.1 THE CONTRACTOR ASSURES 'AND CERTIFIES THAT:
1) It possesses legal authority to enter into this Con-
tract; a resolution, motion, or similar action has been
duly adopted or passed as an official act of the
Contractor's governing body, authorizing the execution
of the Contract, including all understanainy_.' ana
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• '� ��,su�an.�e� coma -;led h��cin, �,^•� :I,rectirc� •���-��: n==-
zing f!�,_ person identified as t?,► official r�•p=�s=n=a-
tive of the Contractor_ to act in connection tr.i`_i- th.?
Contract and to provide such additional inform-ition as
11
inay be required.
2) it will comply with the provision of the Hatch Act
which limits the political activity of employees.
3) it trill comply with the require ent that no program
under this Contract shall involve. political activity'
(Section 710).
4) zt will establish safeguards to prohibit employees
from using their positions -for a purpose that is or
gives the appearance of being motivatea by desire for'
private gain for themsel-ves or othe-s, particularly
those with whom they have family, business or other
ties (section 7020)).
5) Participants or employees in the program found pur-
suant to this Agreement, will not be employed on the
• construction, operation or maintenance of that part -
of any facility which is used. for religious instrrsction
or worship (Section 703(s)).
6) Appropriate standards for health and safety in work
and training situations will be maintained (Section
703(5)).
7) Persons employed in public service jobs under this
Contract shall be paid wages which shall not be lower
than whichever is the highest of (a) the minimum wage
which would be applicable to the employer under the
Fair Labor Standards Act of 1938, if Section 6 (a)
(1) of such title applies to the participant and if he
were not exempt under Section 13 thereof, (b) the
State of local minimum wage for the host nearly co:. -
parable covered employment, or (c) the prevailing rates
of pay for persons e:-p1oyPd i.n si-mi-lar "public occupa-
tions by the same employer (Section 209(a;) (2).
84-2'75
8) It cn:roly c;i.th 'zitlie V*( ()F.•, the Civil
q
of 1974, Ti.tl(2 VIII of th'-' Civil Iti-9ht : t.ct of
and Execut-ive ordors 11246 and 110,53, and SE•c`ion 3 of
thr. Housing and Urban Devolopment Fact of 1368, as
emended Lnd incorporated herein by reference_
9) it will comply with the regulations and requirements
of the Office of Management and BucIget Circular A-102,
"Uniform Administrat-ion Requircmer.ts for Grant-ir•-Aid
to State and .Local GoverrLments" and Federal Management
Circular 74-4, "Principles for Determining. Costs
Applidable to Grants and Contracts wit_n State and Local.
Governments."
6.2 ANTI-KICKBXCK.PP.oVISIn2:
The Contractor will comply with the anti -Kickback Act,
Title 18, USC Section 874, and provisions of the Federal
.Labor Standards, Title 2.9.
ARTICLE VII
7.1 TEMMINATION CLAUSE
The City, by giving written notice specifying the effective
date, may terminate this Contract in whole or in part for
cause which shall include (1) Faizure, for any reason, of
the Contractor to fulfill in a timely and proper runner
its obligations under this Contract, including corpliancz
with the approved Work Program and attached conditions,
the Policies 'and Procedures 2•Ianual for 'Com-munity Based
Organizations, and such directive as may become generally
applicable at any time, (2) submission by the Contractor
to the City, of reports that are incorrect or incomplete
in any material respect. Further, it is mutually agreed
that the Contractor shall immediately, upon demand by the
City, cease and terminate any and all activities including
but not limited to divesting itself and any subsidiary(s)
of specific assets and/or projects and that upon demand
of the City any and all accLuiulations 5h;!? •
delivered to the City and become the sole pro-,-,;-,- o. th`
84-275
. _ ..... .... .wr+�sw�),!,•°fiP�;E'�_ii;,s. ,. +r��,';Ri' �'...;:::p�;w�i. "Fi',.'�a 3 _:.��i4. '�"�yaQ
+1
Ail the 01 1.igjitloni; thi;.' �1��1,,"�-.?Clt shall
upon the availability of Federal funds and in the evPnt that
those funds are 1ai.thdra.1n or reduced, this Agreer!ent shall
be modified so as to rcflcct the clianges in the availabi Li-
ty of the fuhds_ In the event that the Agreement must be
terminated due to the unavailability of Federal funds, the -
Contractor shall be entitled only to recover the actual
amount of administrative costs incurred up to the data of -
termination, which in no event shall exceed the amount
allocated for administrative costs under the Agreement'-.
ARTICLE VIII
SIGNATORIES
IN WITNESS MHEREOF, the parties hereto have caused this
Agreement to be executed in their naves by their duly au-
thorized officers and the corporate seals to be affixed
hereto;- all as of the day and year first above written.
WITNESS our hands and seals on this day -of �
-3:983.
CITY OF MIAMI, a municipal
Corporation of the St -ate of
Florida
ATTEST.
BY
RALPH G. ONGIE, CITY CLEM-C . HOWARI D V. CARY, C112Y MANAGER
ATTEST:
0
BY
SECRETARY PRESIDENT
APPROVED AS TO FORM AND CORRECTNESS
JOSE R. GARCI&-PEDROSAe CITY ATTORNEY
84-27!
W,tBRE AS
desires to enter into an greem*!nt the City of Miami; a_r.:I
WEIEREAS, •the Board of Director.. at a duly hold corpo-
rate i-.eeting has considered the matter in accordance with the
By -Laws of the corporation;
NIOW.. ViEREFORE, BE IT R--'SO.rVED BY TUE BOARD OF DIRECTORS
that the president and secretary are hereby authorized. and '
instructed to enter into a contract in the name and on behalf -
of th_s corporation with the City of b:iami_ upon the terms
contained in the proposed contract to which this resolution is
attached.
DATED this day of , 198
uECR_.TARY
CHAIRPERSON OF THE BOARD OF DIRECTORS
84-2` 5
Howard V. Gary
City Manager
CITY Or h1I:.`1I, FCARIOA
iwER-OFFICE MEt'*;0 3ANUuy►
na;E February 16, 1984
Charlotte Gallogly
Director
Department of Economic
Development
7°
CILE
- Agreement With The Haitian
Task Force In The Arr:ount Of
$37,750 To Continue Imple-
mentin(.1 A Neighborhood Eco-
nE` 't,:" nomic Development P:.ogram
"`°' March 8, 1984 Commission Agenda
" It is recommended that the City
Commission approve the attached
resolution authorizing the City
Manager to enter into a contrac-
tual agreement in substantially
the form attached hereto, with
the Haitian Task Force upon appro-
val, by the Department of Economic
Development, of the organization's
9th year budget and MBOs for the
purpose of continuing 4.ts current
neighborhood economic development
program."
On February 29, 1984, the contractual agreement bet-.aeen the Haitian
Task Force (HTF) and the City of Miami's Department of Economic
Development w 1 it terminate in accordance faith Article 6.7 of the
contract agreement.
During the past year, the HTF has been the City's primary outreach
vehicle to assist the Haitian community and address its economic
development problems.
During the 11TF's first year contractual period, the organization
was monitored on a regular basis by the DED. The TITF was required
to submit a measurable and realistic work program in a management
by objectives format and a line -item budget that served as the
primary monitoring tool for the organization. In addition, the
HTF had to meet nine major objectives and address specific economic
problems experienced by the Little Haiti community.
The nine major objectives were as follows:
1. Conduct an annual business survey of the neighborhood businesses
during the months of July and December, 1983.
84-2'75
low
Page 2
'A
2. Organize a merchants association within the n,_ r,,,h!)()rhr_)od area.
3. Develop a business crime prevention prograrn for the businesses
within the commercial district.
4. Identify and i.mplcment projects that will be directed to;vard
earning revenues so that the organization can become self-
sufficient within a three-year period. The HTF was required
to raise $6,250 by September 1983.
5. Publish a businesz-oriented newsletter on a quarterly basis.
6. Conduct a monthly inventory of commercial and office space
and report this information to the Department of Economic
Development by no later than the loth working day of each
month.
7. Conduct monthly meetings of the corporation's Board of Directors.
8. Refer four (4) neighborhood businesses a month, who are seeking
financial assistance, to Miami Capital Development, Inc.
9. Identify the major economic development projects to be under-
taken within the neighborhood area.
This year, the HTF will be required to meet all the above objectives
except for objectives 1, 4, and 8. The economic and statistical
data previously obtained through Objective rl will now be avail-
able through questions that will be incorporated into the
Occupational License Application that all new and existing busines-
ses are required to complete on a yearly basis. Objective 44 will
differ in that instead of having to raise $6,250 the HTF will be
required to generate funds in the amount of $12,250 by September 1,
1984 from approved revenue generating projects. Finally, as to
Objective #8, 11CDI is now planning to institute a focused economic
development strategy that will concentrate on providing financial
assistance to businesses located in key commercial corridors within
each neighborhood area. Thus, although MCDI will work very closely
with each of the CBOs in identifying businesses in each neighbor-
hood area that require financial assistance, the HTF, at this time,
will not be required to refer a specific number of businesses per
month to MCDI.
In addition to complying with the above standard contractual
objectives, the HTF will also be required to submit MBOs that
address the following:
84-2'7S
Page 3
1. Business Assistance
A. Names and addresses of businesses to be assisted by
the IITF. The type of management and/or technical
assistance to be provided will be indicated for
each business to be assisted.
2. Loan Packaging Assistance To Local Businesses
A. The HTF will enter into agreements with financial in-
stitutions such as MCDI and Laventhol & Ilorwath to
assist local businesspersons in obtaining financial
resources. A listing by business and the amount of
the loan to be requested will be submitted with the
AIBOs .
3. Implementation Of Joint Economic Development Projects
With The Haitian American Chamber Of Commerce (HACC)
A. The HACC will submit a letter to the DED approving
the MBOs and budget and indicate that they agree to
serve as the Merchants Association for the HTF.
4. Implementation of the AIA Market Competition
A. The implementation of this project will be indicated
by phases, which will specify what will be done,
when, by whom and the cost.
5. Identify A Large Scale Capital Project In Which The
Additional $50,000 To Be Allocated By The City Commis-
sion W:i.11 Be Used
A. These funds will be used for a total cash injection
into the idenfified project.
6. Identify both private and public funding to establish a
low interest Revolving Loan Fund program for businesses
in the Little Haiti business area and establish RLF
guidelines for high risk loans as well as for traditional
loans.
7. Work with city, county and state officials to establish a
job referral program for Iiaitians seeking employment.
8. Reduce the paperwork required for the Revitalization Job
Creation Incentive Credit to make credit attractive to
Haitian businesses and to market the program.
84--2'75
i
14
Page ,
9. Implement a promotional campaign to attract c�<;Iuo-mcrs
to the business district to increase patronz<Jr,_ to
existing Haitian businesses.
10. Develop new markets for Haitian entrepreneurs outside
the Little Haiti area.
Of significant importance is the fact that the City will enter
into the second -year of the three-year funding reduction program
that was initiated this past year for all the CBOs. This is
addressed in Objective 4:4 whereby the HTF will be required to
raise $12,250 by September 1, 1984. Since this reduction program
is based on the level of funding granted to all the City funded
CBOs during the seventh year contract period ($50,000), the HTF
will be granted funding in the amount of $37,750 derived as
follows:
7th year funding amount $50,000
9th year generation of funds
requirement - 12,250
Total 9th year contract $37,750
This method of decreasing the organization's level of funding
will continue until 1986 when hopefully, the HTF will be self-
sufficient and will no longer depend on funding from the City
of Miami.
The attached contract agreement specifies the execution, manage-
ment and administration of the $37,750 grant awarded through
this agreement and how the HTF will govern themselves in relation-
ship to the terms of this contract.
It is therefore recommended that the City Commission adopt the
attached resolution which would allow the City to enter into
a contractual agreement with the Haitian Task Force to imple-
ment a neighborhood economic development program in the designated
area.
CG/MYA/ju
Attachments
M-27i rJ